Bill Text: NY A05799 | 2019-2020 | General Assembly | Introduced

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Bill Title: Authorizes counties to impose fees for performing drug tests and utilizing electronic monitoring equipment.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in correction [A05799 Detail]

Download: New_York-2019-A05799-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5799
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
                                       ___________
        Introduced  by  M.  of A. BARCLAY, FINCH, MANKTELOW, MORINELLO, BYRNE --
          Multi-Sponsored by -- M. of A. SALKA -- read once and referred to  the
          Committee on Correction
        AN  ACT to amend the executive law, in relation to fees for drug testing
          and electronic monitoring
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivisions 2, 3, 4, and 5 of section 257-c of the execu-
     2  tive law are renumbered subdivisions 4, 5, 6, and 7 and two new subdivi-
     3  sions 2 and 3 are added to read as follows:
     4    2. Notwithstanding any other provision of law, every  county  and  the
     5  city  of New York, may adopt a local law requiring individuals currently
     6  serving or who shall be  sentenced  to    a  period  of  probation  upon
     7  conviction  of any crime and who are required to submit to drug testing,
     8  to pay the local probation department with the responsibility of  super-
     9  vising  the  probationer  an  administrative fee determined by the local
    10  probation department. The department shall waive all or part of such fee
    11  where, because of the indigence of the offender,  the  payment  of  said
    12  surcharge  would  work an unreasonable hardship on the person convicted,
    13  his or her immediate family, or any other person  who  is  dependent  on
    14  such person for financial support.
    15    3.  Notwithstanding  any  other provision of law, every county and the
    16  city of New York, may adopt a local law requiring individuals  currently
    17  serving  or  who  shall  be  sentenced  to  a  period  of probation upon
    18  conviction of any crime and who are required  to  submit  to  electronic
    19  monitoring,  to pay the local probation department with the responsibil-
    20  ity of supervising the probationer an administrative fee  determined  by
    21  the  local  probation department. The department shall waive all or part
    22  of such fee where, because of the indigence of the offender, the payment
    23  of said surcharge would work an  unreasonable  hardship  on  the  person
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02418-01-9
        A. 5799                             2
     1  convicted,  his  or  her  immediate  family,  or any other person who is
     2  dependent on such person for financial support.
     3    §  2.  This act shall take effect immediately; provided the amendments
     4  to section 257-c of the executive law made by section one  of  this  act
     5  shall  not  affect the expiration of such section and shall be deemed to
     6  expire therewith.